Terms used in this Act mean: (1) "Agricultural equipment," or "equipment," any product originating from the manufacturer when sold or leased for use in farming or other forms of agriculture, that depends for its functioning, in whole or in part, on digital electronics embedded in or attached to it, including any tractor, combine, harvesting equipment, tillage, planting, irrigation, or cultivating implement, baler, or any off-road vehicle, as defined in § 32-20-1, which is designed primarily for use in an agricultural operation. The definition does not include: (a) A motor vehicle, as defined in chapter 32-5; or (b) Industrial, construction, mining, or road-building equipment; (2) "Authorized repair provider," an individual or business that has an arrangement with the original equipment manufacturer for a definite or indefinite period of time, under which the manufacturer grants the individual or business a license, or franchise, to use a trade name, service mark, or related characteristic for the purpose of offering diagnosis, maintenance, or repair of agricultural equipment, under the name of or on behalf of the original equipment manufacturer; (3) "Code," subject to the limitations of sections and of this Act, information that can be read by a human or machine, and which is related to a performance issue arising from the operation of an owner's agricultural equipment; (4) "Confidential information," any nonpublic information or nonpublic materials of the manufacturer, its affiliates, its licensors, or its suppliers, which are related to goods, research and development information, patent rights, or intellectual property rights; (5) "Documentation," subject to the limitations of sections and of this Act, any manual, diagram, reporting output, service code description, schematic drawing, or other guidance or information, used in diagnosing, maintaining, repairing, or upgrading agricultural equipment; (6) "Embedded software," any programmable instructions provided on firmware delivered with or loaded onto the agricultural equipment, including assembly code, basic internal operating system, internal operating system, machine code, microcode, root code, and all relevant patches, fixes, and updates from the manufacturer; (7) "Fair and reasonable terms," at fair and commercially reasonable terms that do not impose unreasonable burdens on an independent repair provider or owner; (8) "Firmware," a software program or set of instructions programmed on agricultural equipment, or on a part of the agricultural equipment, to allow the agricultural equipment or part to communicate within itself or with other computer hardware; (9) "Goods," code, confidential information, documentation, embedded software, agricultural equipment, parts, software, specialty tools, tools, updates, and any other product or service distributed, manufactured, or made available by or through a manufacturer; (10) "Independent repair provider," an individual or business that is not affiliated with an authorized repair provider or manufacturer, with respect to agricultural equipment, but is engaged in diagnosing, maintaining, or repairing agricultural equipment generally and is willing and capable of repairing agricultural equipment; (11) "Manufacturer," any individual or business engaged in the business of making new and complete agricultural equipment; (12) "Obsolete," no longer produced, sold, exchanged, or maintained by a manufacturer; (13) "Owner," an individual or business that owns or leases agricultural equipment purchased or used in this state; (14) "Part," any replacement part made available or used by a manufacturer or its 31 authorized repair provider for maintenance or repair of agricultural equipment 32 manufactured by or on behalf of, sold, or otherwise supplied by the manufacturer; 33 (15) "Safety," any goods that are intended to prevent injury, harm, danger, or loss to 34 individuals or property; 35 (16) "Software," a publicly available digital platform that provides access to technical manuals, diagnostic codes, equipment calibrations, and other publicly available resources, which are necessary for the diagnosis, maintenance, or repair of agricultural equipment; (17) "Specialty tool," a mechanical implement originating from the manufacturer, which is necessary to facilitate mechanical or electrical maintenance, repair, or upgrade of a manufacturer's agricultural equipment, and which is not generally available other than from the manufacturer's authorized repair facilities; (18) "Tool," any software, hardware implement, or other apparatus originating from the manufacturer, which is used for data readout, diagnosis, maintenance, or repair of agricultural equipment, including software or other mechanisms that calibrate functionality or perform any other function required to operate, maintain, upgrade, activate, or bring the agricultural equipment back to a fully functional condition; (19) "Trade secret," as defined in § 37-29-1; and (20) "Updates," recommended corrections or adjustments to documentation, parts, software, specialty tools, tools, or information that are created and distributed by the manufacturer and used in offering the services of diagnosis, maintenance, or repair of agricultural equipment. 18